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Category: California Employment Law
Satisfied Customers: 4864
Experience:  Extensive experience representing employees and management
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Harassment after breast cancer diagnosis

Resolved Question:

My employer is also my insurance company. I shared my dissatisfaction with my doctor to claims department on my lunch break. She shared ths information with my boss and I was written up. Did she violate the HIPPA law? I have breast cancer and I had a perfect reviews until I was diagnosed.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Yes, if your doctor disclosed information regarding your condition to your employer, that would constitute a HIPPA violation.

Additionally, if you are being discriminated against on the basis of your breat cancer diagnosis, you would have the right to file a complaint against your employer for discrimination due to disability in violation of the Fair Employment and Housing Act.

You can file a complaint against your employer using the instructions available online here:

http://dfeh.ca.gov/Complaints_eCompProc.htm
Joseph, Lawyer
Satisfied Customers: 4864
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
I pushed accept, But the screen still has a green accept answer. Did you get credit?
Expert:  Joseph replied 2 years ago.
No, I didn't get credit. Could you please try again?
Customer: replied 2 years ago.
i did it again, I think it worked this time. Thank you for your answer. I spoke to an attorney after I was written up and told him I was now out for surgery so have not been back to work since. He advised me to go back work after surgery and if they fired me I would have a case. Can't I pursue this while I am on sick leave or do I have to go back for more abuse? Do I need a right to sue letter from the state of California fair employment and housing to pursue this? I just want it to stop before they make me sicker. Any suggestions that might halt them?
Expert:  Joseph replied 2 years ago.
Yes, it worked this time.

No, you don't have to go back before filing a complaing with the Department of Fair Employment and Housing.

You would need a right to sue letter from the department of Fair Employment and Housing before you can pursue the case with a private attorney.

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